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Michael Cohen Gets 3 Years, Blasts Trump in Court; Trump Says "The People Would Revolt" if He's Impeached

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ThomasLite12/12/2018 5:05:28 pm PST

re: #227 KGxvi

They’re citing the Restatement of Contracts in opposition to a federal motion. That is the argument that they lead with. That is… less than good lawyering.

OK. Sooo. the horribly overblown style kind of gives away the kookishness even if you don’t exactly litigate American contract law on a daily basis. With you so far.
Question though - it seems as if they (=SBC et al) entered into that agreement as an entirely fictitious entity. It used to be my understanding that if you didn’t use either your actual name (or something close enough to be reasonably understood as equivalent), a DBA, or the name (of a representative of) some actual legal entity a contract would be likely to be held to be unenforceable?
(Now the Trump/Stormy matter of course gave us that nifty sideletter to identify parties as a third option, but you could just as easily argue reading that as part of the agreement just moves the signature around a little bit).

I took it as implied that a party should be able to rely on the identity of the other party and not have to guess if it’s some shady other entity behind the whole thing (from a continental European perspective, your relatively strict limitations on third party rights under contracts kind of seems to point in a similar, if not same direction).

Thing is, Moore alleges the entity they signed as doesn’t exist at all.
Don’t they actually have a bit of a point the choice of venue clause might well be unenforceable along with the rest of the agreement? Not really up to snuff on federal civil procedure either, but I’d suspect you’d be able to argue that as part of a motion to transfer somehow?

Don’t get me wrong, the whole motion sets off all kinds of alarm bells, not disagreeing with you on that - just not seeing how he’s obviously wrong quite yet.

It’s way past my bedtime here already so it’ll take me until tomorrow to respond but I’d really like to know what I’m missing :)